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Supreme Court Adopts New Standard on Patent Litigation

Legal Times

May 1, 2007

In a major patent law development, the Supreme Court on Monday adopted a new, flexible standard that will make it easier for patents to be denied or challenged on the grounds that the invention at issue is too obvious to deserve patent protection. The unanimous ruling in KSR International Co. v. Teleflex Inc. could also subject existing patent-holders to fresh litigation over obviousness. In a separate ruling Monday, the justices sided with Microsoft in a patent dispute with AT&T.

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